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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » non-regular female employees eligible for maternity leave with pay

non-regular female employees eligible for maternity leave with pay

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firsttimemom


Arresto Menor

Good day. I am a contract employee from a manpower agency and is working under a multi national company here in the Philippines. The company has no available head count that's why they can't regularize us yet thus they linked us to an agency. They just kept on extending our contracts since 2014. Now, I am weeks pregnant and will be a first time mom and I am keen to know if we are entitled for a 100-day maternity leave with pay lawfully and legally. I have already contacted the agency and they said that the maternity leave will not be paid which I think is unfair.

council

council
Reclusion Perpetua

Wala pang batas na naipapasa tungkol sa 100 days maternity leave with pay.

Lahat yan ay kwento pa lang at mga usapin pa lang ng mga pulitiko.

Titingnan pa kung kakayanin ang ganyan at marami pang kokonsultahin bago pa mapagusapan sa kamara bago gawing batas.

Currently ang maternity leave ay without pay. at ito ay naaayon sa batas na gumawa ng SSS.

Tama lang naman na without pay ito dahil sa no-work no pay policy.

http://www.councilviews.com

firsttimemom


Arresto Menor

Diba po it is mandated by law that every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave prior to the expected date of delivery and another certain weeks after normal delivery with full pay based on regular or average weekly wages?

Reference: Book III - Conditions of Employment
Article 133

Patok


Reclusion Perpetua

kung nagbabayad kayo nang SSS.. don kayo mag fi file..

babayaran nang SSS yung maternity leave mo which is 60 days or 78 days if cesarean, pero sa company, no pay talaga yan..

Patok


Reclusion Perpetua

Who furnishes payment, the employer or SSS?

The employer shall be the one to furnish full payment of the maternity benefits within 30 days from the filing of the maternity leave application.

The SSS is ultimately the one who shoulders payment, but the procedure is that the payment is to be initially advanced by the employer. This is subject to immediate reimbursement by SSS.

council

council
Reclusion Perpetua

firsttimemom wrote:Diba po it is mandated by law that every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave prior to the expected date of delivery and another certain weeks after normal delivery with full pay based on regular or average weekly wages?

Reference: Book III - Conditions of Employment
Article 133

This has been superseded by the different laws surrounding the SSS (RA 8282 etc).

http://www.councilviews.com

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